GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The sole accused Gurcharan Singh has challenged the conviction and sentence passed by the trial Court. He was convicted under Section 302 and was sentenced to undergo life imprisonment and to pay a fine of Rs. 1,00,000/- and in default of payment of fine to undergo R.I. for 3 years. He was further convicted under Section 324 IPC and was sentenced to undergo R.I. for 1 year and to pay a fine of Rs. 1000/- and in default to undergo a further R.I. for 1 month.

(2.) The brief facts of the case of the prosecution is that PW4 Jagjit Singh is the son of PW5 Bhagat Singh. Bhagat Singh's daughter Sukhwant Kaur was married to one Ranbir Singh. But Ranbir Singh unfortunately died during the period of terrorism. A son was born to Sukhwant Kaur through the said marriage. As her husband had died, she was again given in marriage retaining her son with the family of PW5. On 16.10.2007 at about 8.30 a.m., PW4 had been to the tea-stall of his father PW5 Bhagat Singh. Accused Gurcharan Singh, the elder bother of Ranbir Singh came to the tea shop and asked PW5 to return his nephew Jinderpal Singh who was born to his brother Ranbir Singh and Sukhwant Kaur. As PW5 had not acceded to the request of the accused, the accused took out a kirpan (a small sword normally worn by a baptized Sikh) and aimed a blow at PW5. PW5 moved backwards and as a result of which the said blow did not fall on him. The accused thereafter made an attempt to deliver a blow with the same weapon on PW4 Jagjit Singh. He sustained injury on his right thigh. Nikhil Sachdeva a friend of PW4 who happened to be present over there rushed forward to save PW4 and PW5. Accused Gurcharan Singh having remarked that he should settle the score with Nikhil Sachdeva first, attacked him with the same kirpan on his right side of the chest. Nikhil Sachdeva fell down. The accused ran away with the weapon from the spot. Nikhil Sachdeva was rushed to Civil Hospital where he died as a consequence of the injury he sustained.

(3.) Pw1 Dr.Anu Sharma, medico-legally examined PW4 Jagjit Singh on 16.10.2007 and found a reddish linear abrasion on the front portion of the middle one-third of the right thigh measuring 8cm x 2cm. Neither blood nor tenderness was present. He certified the said injury as simple in nature in the MLR prepared by him.